The city’s Public Utilities and Environmental Committee this summer unanimously recommended to council that the city install its own monitoring wells in response to the Ohio EPA’s Notice of Violations to Envirosafe earlier this year regarding leachate levels in Cell M, Envirosafe’s only active hazardous waste cell, and the inspections of the dewatering trenches and water line trench.
ARCADIS, the city’s consulting engineer, will install monitoring wells at six locations within the rights of way of York Street and Old Millard Avenue.
The Ohio EPA recently informed the city that it must adhere to a rule that prohibits drilling within 300 feet of hazardous and solid waste facilities if it is likely to impact the integrity of waste placement or any ancillary structures.
The rule states that no person without authorization from the director shall engage in any filling, grading, excavating, building, drilling or mining within 300 feet of a former hazardous or solid waste facility if these activities are likely to impact the integrity of waste placement or any ancillary structures, Michael Terpinski, supervisor of the Ohio EPA’s Division of Hazardous Waste Management, said in an Oct. 1 letter to Mayor Marge Brown.
“If OAC rule 3745-27-13 is applicable to the city's proposed activities, the city would need the approval of the director before engaging in any of the previously-mentioned activities. I am requesting details of the city's plans so that Ohio EPA can determine if a request under OAC rule 3745-27-13 needs to be submitted,” states the letter.
“While the city has not contacted Ohio EPA concerning this matter, I wanted to take this opportunity to remind the city that Ohio Administrative Code rule 3745-27-13 is likely applicable to these activities,” states the letter.
Brown, in a letter to the EPA, said the city does not believe authorization from the agency is necessary and asked that it present evidence why the rule may apply.
“This is impossible for us to do until we know what the city is proposing, such as the location and depth of the wells,” said Dina Pierce, northwest district media coordinator of the Ohio EPA. “That is all the letter is asking – that Oregon contact us about its plans so that a determination on whether the rule applies can be made.”
But Goldberg isn’t concerned that the city is doing anything wrong.
“That rule says we need the Ohio EPA’s permission if it’s likely to cause structural problems to the cell or buildings. If it’s going to do that, we would need permission from the Ohio EPA director,” said Goldberg.
The Ohio EPA recently contacted the city asking that its consultant, ARCADIS, inform the agency of the city’s plans.
“We have no problem with that, to let them know what we’re doing,” said Goldberg.
The wells will be on the city’s right of way, within 300 feet of Envirosafe, said Goldberg.
“Anything that we drill is going to be in the city’s right of way. It’s the City of Oregon’s land. It’s not as if we’re going on anybody’s property,” said Goldberg.
“Oregon may be correct that the rule does not apply to what the city is proposing,” said Pierce. “But until the city provides details about its plans, Ohio EPA cannot determine if the rule does or does not apply.”